Everything you need to know about the new domestic workers’ law that comes into effect today
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The UAE Ministry of Human Resources and Emiratisation (MoHRE) said that the UAE federal law on domestic workers would come into effect on Thursday.
The Federal Decree-Law No. (9) of 2022 regarding domestic workers will enter into force in all the emirates from today.
The decree-law establishes an integrated framework to strengthen and regulate labor relations with domestic workers in the UAE, and defines the responsibilities of the parties to the relationship in a way that preserves their rights and obligations in a balanced manner.
It also ensures the provision of an appropriate work environment for domestic workers in accordance with the legislation and international agreements in force in the country.
The Federal Decree-Law No. (9) of 2022 regarding domestic workers stipulates that it is not allowed to engage in the recruitment or temporary employment of domestic workers except after obtaining a license from the Ministry of Human Resources and Emiratisation and not to recruit or operate domestic workers except in accordance with the conditions and procedures stipulated in this decree.
According to the law and its executive regulations, it is also prohibited to recruit or employ a domestic worker under the age of 18, and the decree-law allows the employer to refuse to employ the domestic worker he has recruited in the event that the domestic labor recruitment office violates the terms agreed upon in the contract.
Based on the fact that it defines a comprehensive legal framework that guarantees the fulfillment of the obligations of the contracting parties, the Decree Law stipulates that the domestic worker must not be recruited from his country except after informing him of the type and nature of the work and the amount of the wage, and the availability of evidence of his fitness and health, psychological and occupational condition.
Under the law, the employment contract is concluded in accordance with the form approved by the Ministry of Human Resources and Emiratisation between the domestic worker recruitment office and the employer to regulate the obligations related to the recruitment of the domestic worker, provided that the contract includes the specified period for the implementation of the recruitment procedures and the conditions specified by the employer regarding the domestic worker who assigns the office to recruit him.
In addition to the basic rights and obligations that the employer is committed to towards the worker, especially the type of work, the amount of wages, and the financial obligations necessary for the transfer of the domestic worker from his country to the state, and in return for the services due to the office.
The decree-law permitted the employer to refuse to employ the domestic worker he had recruited in the event that the domestic labor recruitment office violated the conditions agreed upon in the contract.
The offices are prohibited, whether directly or through third parties, from accepting a commission in exchange for the worker obtaining work or collecting any expenses.
The decree of the law obliges the recruitment agencies to treat the domestic worker well, not to expose him/her to violence, to make them aware of the customs and traditions of the UAE society, and to inform them of the competent authorities to consider complaint about any violation of his rights and freedoms.
The decree-law specified the obligations of the employer to provide the requirements for performing the work agreed upon and to prepare a decent place for housing, along with providing the needs of the helper in terms of meals and appropriate clothes to perform the work as long as he works for him on a full-time basis and not on a temporary basis, unless otherwise agreed.
The employer must also treat the domestic worker well, preserving his dignity and physical integrity, and pay his wages in accordance with the work contract, the provisions of the Decree-Law, and the decisions issued by the Ministry, in addition to bearing the costs of medical treatment for the domestic worker in accordance with the health system in force in the country, or providing health insurance in accordance with the legislation in force. in the state.
It is also prohibited for the employer to employ any domestic worker for him, unless he is licensed to work and not employing him for others, or with a profession different from the nature of his work, except with his consent and provided that it is one of the professions mentioned in the executive regulations of this decree.
The decree grants the domestic worker the right to keep his personal identification documents, while granting the heirs of the domestic worker who died during service the wages for the month in which he died and any other dues.
